The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-03-09

though there was Democratic majority of
two in the General Assembly opposed to
his return, and the mask being now thrown
off and concealment no longer possible,
they stated publicly and privately that
their intention was to unseat a sufficient
number of Democrats in the House to en-
able them to succeed in the Senatorial elec-
ton. at the same time, Mr.. Kercheval,
Republican chairman of the Committee
on Elections, in the House, to whom the
contests in that branch had been referred,
publicly declared that he had nineteen
cases of contests before the committee,
and when inquiry was made of him what
evidence there was in support of such con-
tests, he answered: Whats the use of
hearing evidence when our minds are
made up already as to the course we shall
take in these cases."
The Senate was Democratic by eleven
majority.
Some weeks before the meeting of the
General Assembly the election of William
n. Mcdonald, Senator declared to be
elected from the counties of Jackson and
Lawrence, had been regularly contested by
his competitor, Frank Branaman, and testi-
mony taken in support of the reasons fled,
which reasons were bribery-notoriou
open and corrupt-used by Mcdonald at
said election.
The crime OF Mcdonald was one of pc
euhar infamy. The use by him of
money for the purchase OF votes
was clearly shown-so clearly that he
himself has never publicly, either with or
without oath, made any denial thereof,
although he was specially invited by the
committee to go upon the witness stand
and make such denial. Upon this state of
fects and proof, the Senate of Indiana de-
clared him unfit, incompetent for and not
entitled TO a seat in that BODY. and his acts
of bribery having been shown TO have been
publicly known and notoriOusly bruited
among all his constituency, both before
the time of his electlen and at the time
thereof. the Senate declared his competitor,
Frank Brsnaman, lawfully entitled to the
seat, and Senator Branaman was sworn in
and took his seat as a member of that body
on the 18th of January, 1887.
This action OF the Senate in the McDon-
aid case succeeded the action of the House
in the Meagher case. The conspirators
paused; they felt that they were taken by
the throat; they came to the conclusion
that il would not do any further to interfere
with the members eff the House of Repre-
sentatives as the people had chosen them.
The two parties by this action were left
in the same condition as at the commence
ment of the session, with q Democratic
majority of two on Joint ballot.
When the Senate of Indiana met on the
9th day of January, 1887. it had been pub
licly known for many months that General
Mahlon ID. Manson, who had been elected
Lieutenant Governor of the State in No
vember, 1884, had, in July, 1856, accepted
the appointment of the COlIectorship of
the Seventh District under the Government
of the United States, and so had become
incompetent to fill the Office of Lieuten-
ant Governor. In the absence of the Lieu
tenant Governor and his inability to dis
charge the duties OF presiding over the
Senate, the Senate was organized by the
Hon. James II. Rice, Auditor of State, and
by the Hon. AloDZo @. Smith Senator
from the Counties of Jackson and Jen-
nings, who, at the request of the
Auditor of State, occupied the Chair
during the organization of the Senate
while that officer called the roll of the new
Senator'S who were sworn into office by one
of the judges of the Supreme Court, whom
the Auditor had also requested to attend
for that purpose. The Senate then pro.
ceeded to the election of officers, and chose
Webster Dixon as Principal Secretary,
John d. Carter as Assistant Secretary, and
Frank Pritchett as Doorkeeper, and also
number, President of the Senate in the
absence of the Lieutenant Governor.
Both parties had, at the November cleo
tion, 1886, voted for their candidates for
the Office of Lieutenant.G Governor, notwitb-
standing the fact that the Governor had
not proclaimed a vacancy in said office,
and made no appointment to I'LL the same.
Many citizens of the State believed that no
vacancy existed and that no Lieutenant
Governor could be elected at that time.
among whom was President Smith of the
Senate, who was, however, at all times
willing to submit the question of his rights
as President of the Senate to the Courts of
the State, and had, in the first instance,
before the meeting of the legislature in
stituted suit against William X. Myers,
Secretary of State, to enjoln him from
delivering to the Speaker the returns of the
election, which suit Mr.. Smith prosecuted
both in the Circuit and Supreme Courts,
but was beaten therein in both the courts,
upon the ground that they had no juris-
dictiOn 10 determine the question or to
grant the injunction prayed by him. After
ward Mr.. Smith instituted another suit in
the Marion Circuit Court, the object of
which was to test the question as to whether
the person who claimed to be elected Lieu
tenaDt-Governor at the November election,
1886, was duly elected as such and could,
therefore, preside over the Senate, or
whether the Senate had the right to select
its own President. Mr.. Smith was
then, under his election had on
the 9th day of January, 1887, act
ing as President of the Senate, having
been elected to said office by the Senate,
and has ever since acted, and is now acting
as such.
Besides the principal suit Instituted to
try the question OF the title of the Office of
President of the Senate, Mr.. Smith had ap-
Piled, in his case, for an injunction to pre-
vent the person claiming to be elected
Lieutenant-Governor, in November, 1886,
from disturbing or interfering with him in
the present discharge OF his duties as Pres
ident OF the Senate. To this application
for an injunction the pretended Lieuten-
ant-Governor made but one defense and
that was that he lived in Allen County,
and could not be sued in Marion County.
Hon. A. G. Ayers, Judge of the Marion
Circuit Court, after full hearing and argu-
ment, decided against this defense; that
Lieutenant-Governor in November, 1886,
and granted an injunction against the
claimant of that Office to prevent any dis
turbance by him of President Smith in the
discharge of his duties as such. This in
junction was issued and in force on the
day before the two houses met in joint
convention, and it became q question be-
tween the two houses as 10 how the Joint
convention should be held. The House
claimed that the pretended Lieutenant
Governor should preside over it; the Sem
ate claimed that 1t should be presided over
by the President of the Senate, the highest
legislative officer actually present. Under
these circumstances an agreement was
made by Wav of cOnlpromise substan-